High court has dismissed an application for scrutiny of votes by flamboyant businessman Steve Mbogo in his petition challenging the election of Charles Njagua Kanyi has been dismissed.
While delivering the ruling, Justice Fred Ochieng ruled that it appeared Mbogo asked for scrutiny because he hoped to use the exercise to get more information which could be useful to his petition.
“Scrutiny must never be a process through which a party can obtain new or further evidence. I therefore find no merit in the application for scrutiny,” ruled Justice Ochieng.
The judge also ruled that the petitioner has did not make out a case to warrant the production of polling station diaries for all the polling stations.
Due to the above, justice Ochieng said IEBC cannot be faulted for not making available all the polling station station diaries.
“I also find no reason to warrant an order compelling the IEBC to make available all the polling station diaries which it had not already provided,” ruled the judge.
Mbogo had filed for an order for the scrutiny of all votes cast in his favour when he contested for member of National Assembly seat on August 8th general election.
He also wanted the court to issue orders compelling IEBC to supply him with the original forms 35A, 35B and 35C for Starehe Constituency.
He also wanted printed copies of the Registered voters in all polling stations and polling day Diaries and access to KIEMS.
The petitioner had argued that there were three sets of results differing from those in 35B and the online portal.
Mbogo perceived the thelree sets of results as constituting evidence of the inflation or manipulation of the actual votes cast.
He said it was imperative that independent audit be undertaken through scrutiny so as to enable the court and the people of Starehe to know the actual number of votes cast for each candidate.
In the petition, the businessman wants court to nullify the election of Starehe MP Charles Njagua alias Jaguar on grounds that the election was marred by irregularities.
Mbogo contested on an ODM ticket where he garnered 38,294 votes against activist Boniface Mwangi with 15877 under Ukweli party and MP Jaguar who won with 61,262 on a Jubilee ticket